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1.11 "Person" means an individual, a corporation, a limited <br />liability company, a general or limited partnership, a sole <br />proprietorship, a joint venture, a business trust, and any other <br />form of business association. <br />1.12 "Provision" means any agreement, clause, condition, <br />covenant, qualification, restriction, reservation, term, or other <br />stipulation in this Franchise that defines or otherwise controls, <br />establishes, or limits the performance required or permitted by any <br />party to this Franchise. AH Provisions, whether covenants or <br />conditions, shall be deemed to be both covenants and conditions. <br />1.13 "Public Right -of -Way" means in, upon, above, along, <br />across, under, and over the public streets, roads, lanes, courts, <br />ways, alleys, boulevards, and places, including, without <br />limitation, all public utility easements and public service <br />easements, as the same now or may thereafter exist that are under <br />the jurisdiction of the City. This term shall not include any <br />property owned by any Person or Agency other than the City except <br />as provided by applicable Laws or pursuant to an agreement between <br />the City and any such Person or Agency. <br />1.14 "Radio Month" means a calendar month during which a Radio <br />occupies space on a pole, even if such occupancy is less than the <br />entire month. <br />1.15 "Radios" means that radio equipment to be installed and <br />operated by Metricom hereunder as described on Exhibit A attached <br />hereto or any radio equipment which substantially conforms to such <br />Radios. <br />1.16 "Ricochet" means Ricochet MicroCellular Network, a <br />digital wireless communications microcellular radio network owned <br />and operated by Metricom. <br />1.17 "Services" means the wireless communications services <br />provided through Ricochet by Metricom. <br />2. TERM. <br />2.1 This Franchise shall be. for a term of three (3) years, <br />unless it is earlier terminated by the City in accordance with the <br />provisions herein, and shall commence on the "Effective Date". <br />This Franchise shall automatically be renewed for four (4) <br />successive (3) three-year terms by Metricom on the same terms and <br />conditions as set forth herein unless Metricom notifies City of its <br />intention not to renew prior to commencement of a succeeding <br />renewal term. <br />2 <br />